第78章

Another famous case in which the scientific testimony about ink and pencil writing must have assisted the court in arriving at a conclusion was in the trial of the famous Tighe will contest, tried before Hon.

Frank T. Fitzgerald, one of the present surrogates of the county of New York. The story of this case is incorporated in the opinion which is cited in part:

"Hon. Frank T. Fitzgerald, Surrogate of the county of New York:

"That Richard Tighe died on the 6th day of May, 1896, at No. 32 Union Square, in the city and county of New York, where he had lived for fifty years prior to his death, and was at the time of his death over ninety years.

"That the testator, on or about the 27th day of March, 1884, in the presence of the attesting witnesses, duly signed the instrument in writing, and duly published and declared the same to be his last will and testament, and requested said witnesses to witness the same, and pursuant to such request said attesting witnesses did subscribe said will as attesting witnesses. That at the time said Richard Tighe so signed, published and declared the said instrument to be his last will and testament, the said Richard Tighe was in all respects competent to execute the same, and was not under any restraint or undue influence. That the said instrument, so signed, published and declared by testator was and consisted of the identical sheets of paper and the identical writing now appearing upon the same as to all except pencil writing; the testator did not publish or declare the marks, words or figures written in or upon said instrument in pencil to be a part of his last will and testament, and it is not found that such marks, words or figures were upon said instrument at the time when said instrument was so published and declared to be the last will and testament of the testator.

That the said last will and testament is written consecutively upon two sheets of legal cap paper.

"That the said last will and testament was originally prepared with blank spaces left for the insertion of the numbers of shares intended to be bequeathed and devised to the various beneficiaries named therein, and as so prepared was in the hand-writing of Caroline S. Tighe, the wife of testator, and that at some subsequent time and before the execution of the said instrument by the said Richard Tighe, the blank spaces hereinafter referred to as filled in in ink, were filled in by or under the direction of the testator. Upon said instrument as offered for probate there appears in the blanks originally left thereon, in some instances, pencil writings superimposed over other pencil writings, which have been either wholly or partially erased, and in other instances ink writing different from the body of the instrument in the material employed, appearing over pencil writings wholly or partially obliterated. . .

"That the said words written in ink filling such blanks as aforesaid expressed the final determination of the testator with regard to the beneficiaries to whom the same applied; and that the words and figures written in pencil filling such blanks as aforesaid were written only deliberately and tentatively and that as to those words and figures the testator had not at the time when he executed, published or declared said instrument to be his last will and testament determined as to whom or in what proportions he would give the several shares of his estate and property covered by said words and figures, but the testator attempted and intended to reserve to himself the power of making disposition of said shares thereafter, and intended the final disposition thereof to be in ink writing. . . ."